Tag Archives: mip breathalyzer

Under MCL 436.1703 a minor (under 21) may not purchase, consume, or possess any alcoholic liquor. The can or bottle doesn’t even have to be open. If it’s in your car, backpack, or anyone else, you are in violation of the law. Possession can be actual or constructive. Actual possession is when you have direct physical control over it (e.g. holding it in your hand). Constructive possession is when you know where it is and have reasonable access to it (e.g. in the console of your car).

Penalties

First Offense:

Fines up to $100 and costs

Community Service

Participating in counseling and/or rehabilitation for substance abuse

Second Offense:

Up to 30 days in jail (only if defendant fails to complete probation or abide by any court order)

Suspended driver’s license for 90 days with $125 re-instatement fee

Participating in counseling and/or rehabilitation for substance abuse

Community Service

Fines up to $200 plus costs

Third Offense:

Up to 60 days in jail (only if defendant fails to complete probation or abide by any court order)

Community Service

Participating in counseling and/or rehabilitation for substance abuse

Fines up to $500 plus costs

Can I go to Jail on an MIP?

Yes, you can! While the MIP statute doesn’t have a potential jail sentence for first offenders, the judge can place you in jail if you violate any court orders or any of your probation terms or conditions. There are a number of judges and courts that will do that. While you can’t be sentenced to upfront jail on an MIP, the judge can impose jail if you violate the terms of your sentence.

Diversion Program

The good news is that if you are charged and convicted of an MIP, it doesn’t have to taint your record and follow you around for the rest of your life as you apply to colleges, scholarships, and jobs. If it is your first offense, the judge may grant you diversion or a deferred sentence. Upon successful completion of probation, your conviction would be dismissed and made non-public. However, even though the record is non-public it can still be accessed by police, judges, and prosecutors under certain conditions and by law enforcement agencies, department of corrections, and prosecutors for the purposes of employment only. Not every court and jurisdiction offers diversion programs for MIPs, but most do. That is why it is important to discuss the matter with an attorney who is familiar with the court you will be appearing in. Be mindful that this option can only be exercised once in a lifetime. If it is a subsequent MIP offense, you may be eligible for HYTA or a delayed sentence. However, many judges and prosecutors will be extremely reluctant to give you a second break.

Can an Officer Make me Submit to a Preliminary Breath Test (PBT)?

A police officer can ask a minor to submit to a preliminary breath test (pbt) if the officer reasonably believes that the minor has consumed alcohol. The results can be used as evidence to determine if the minor is in violation of the law. It is your right to refuse a PBT and you should always refuse a PBT. You have a right not to incriminate yourself—exercise it.

Is the MIP Statute Constitutional?

The city of Troy, MI had an almost identical MIP statute as the one under state law. Defendant challenged the PBT requirement that an officer can demand a minor take a PBT and be penalized for refusing as a violation of the Fourth Amendment which requires a warrant for such a search. A federal judge agreed in the case of People v Chowdhury. Although the Michigan legislature has not taken heed and failed to re-write that portion of the MIP statute, a similar constitutional challenge could be made on the state level, presumably.

Lansing Michigan MIP Defense Lawyer

Having an alcohol-related offense on your record can have a negative impact on your future. Your career goals don’t have to go up in smoke because of a bad decision. You may have defenses available that could get your case dismissed. If dismissal is not an option, as an experienced Michigan criminal defense attorney we know how to persuade judges to grant you diversion so your record isn’t tarnished. If charged with MIP or any other alcohol-related offense, contact Austin Legal Services, PLC at (517) 614-1983 to speak to a Michigan MIP defense attorney today!

It my last blog entry we discussed Michigan’s MIP statute, the penalties, diversion options, and the constitutionality of the PBT requirements. In this article we discuss the how to avoid getting charged or convicted of an MIP, defenses to MIP, buying alcohol with a fake ID, and parental notification requirements.

How to Avoid Getting Charged and Convicted of MIP

Of course, the easiest way to avoid getting charged with MIP is to not drink or possess alcohol until you are of legal age. Aside from that… if you have been approached by the police and asked incriminating questions such as “have you been drinking?” remember, you do not have to answer those questions. No one ever has to talk to the police. Period. If you do, you do so as your own peril. The police can ask you anything they want, it’s your right to say no. Always be polite and never antagonize the police. Respond politely with something like, “Officer, I appreciate that you are trying to do your job, but I respectfully decline to answer those questions.” Always ask if you are being detained or if you are free to leave. If not, your attorney can later make the argument you were in police custody and therefore any incriminating statements you made should be suppressed as a Miranda violation. If you do not admit to drinking and refuse the PBT, the officer will have to gather evidence against you in some other means or move on to an easier target.

In short, do not answer any questions, do not admit anything, and do not submit to a PBT.

Obtaining Alcohol with a Fake ID

If a minor purchases or attempts to purchases alcohol using a fake ID, the minor is guilty of a misdemeanor punishable by up to 93 days in jail and/or $100 in fines.

Parental Notification

If the minor is under 18, police must notify the parents or guardians within 48 hours of learning the minor’s age. If a minor under 18 is placed in jail for MIP, the parents or guardians must be notified immediately. This is only required if the police know the identity of the parents or guardians or if the identity is reasonably ascertainable. These notice requirements do not apply if the minor is emancipated.

Defenses to MIP

Employment—Minors may possess, but not consume, alcohol during working hours in the course of their employment by a licensed establishment.

Religious Ceremonies—Minors may consume sacramental wine with a religious ceremony or service (e.g. communion)

Accredited Postsecondary Education—Minors may consume alcohol in an academic building under the direct supervision of a faculty member if the purpose of the consumption is solely educational and it is a requirement of the course.

Undercover Operations—Minors may purchase or receive alcohol under the direction of law enforcement as part of undercover operations. Such agencies may not recruit minors at the scene of an MIP violation.

Not Against the Law in a Jurisdiction Where Consumed—If a minor consumed alcohol in a jurisdiction where they were lawfully permitted to do so, then they cannot be prosecuted under Michigan’s MIP statute. Note: this is an affirmative defense which is a rare instance in which the defendant has the burden of proof.

Submitting Yourself for Medical Treatment—If a minor presents himself to a hospital, medical facility, or police officer for medical treatment or observation after consuming alcohol , is not guilty of this offense

Lansing Michigan MIP Defense Attorney

Having an alcohol-related offense on your record can have a devastating impact on your future. Your career goals don’t have to come to a crashing halt because of a bad decision. Defenses may be available that could get your case dismissed. If dismissal is not an option, an experienced Michigan criminal defense attorney can help you get into diversion, HYTA, or a delayed or deferred sentence that will keep your record intact. If charged with MIP or any other alcohol-related offense, contact Austin Legal Services, PLC at (517) 614-1983 to speak to a Michigan MIP defense attorney today!